(A) Hours of operation. Mobile food vendors may operate between the hours of 6:00 a.m. and 10:00 p.m. local time within Zoning Districts A and B and at any time in all other zoning districts.
(B) Allowed locations.
(1) No mobile vendor shall conduct any sale from the mobile vendor vehicle on public property which is not lawfully parked in a parking space.
(2) No mobile vendor shall conduct any sale from a parking space which is designated as an accessible parking space or otherwise designated as limited parking.
(3) No mobile vendor shall conduct any sale from a mobile vendor vehicle located within 100 feet of any street level restaurant then open for business.
(C) Mobile vendor vehicle.
(1) Any vehicle used as a mobile vendor vehicle parked on public property shall be parked safely and shall not significantly interfere with vehicular or pedestrian traffic.
(2) While on public property, except as provided below, a trailer used as a mobile vendor vehicle may be detached from the tow vehicle for leveling, but the tow vehicle must remain in front of the trailer at all times while the trailer is parked and in operation. When on private property or on public property which is closed for an event, the mobile vendor may be unhitched and the tow vehicle moved.
(3) A mobile vendor vehicle shall not have a second story or any interior space used for customer service or seating.
(D) Display of license. A license required by this chapter and a valid sales tax permit for such business shall be displayed within the mobile vendor vehicle in a manner such that it is readily visible to all persons seeking to conduct business with the mobile vendor.
(E) Sale of merchandise. No mobile vendor shall offer any merchandise or wares for sale other than food and beverages for immediate consumption and merchandise related to the mobile vendor’s brand.
(F) Food safety. Any mobile vendor who offers food or beverages for sale, other than prepackaged items that do not require hot or cold handling procedures, or, under circumstances where food is not prepared, where customers may purchase beverages and where the service of food is limited to the service of ice, beverages, prepackaged snack foods, popcorn or peanuts and to the reheating of commercially prepared foods for immediate service that do not require assembly, such as frozen pizza or prepackaged sandwiches; or, under circumstances where food is not prepared, where customers may purchase only commercially prepared non-time/temperature control for safety foods that are dispensed either unpackaged or packaged and that are intended for off-premises consumption, (Iowa Administrative Code § 481-31.1(2)) shall be subject to the following additional requirements.
(1) Valid mobile food vendor license for the mobile vendor vehicle shall be displayed within the mobile vendor vehicle in a location that is readily visible to all customers.
(2) Such mobile vendor shall employ at least one certified food protection manager, shall maintain a copy of such manager’s certificates in the mobile vendor vehicle and shall produce the certification documents for inspection upon the request by any police officer.
(3) No mobile vendor shall operate the business in a manner that violates any applicable food or sanitation laws.
(G) Use of street and sidewalk. On public property open to the public, no mobile vendor shall place any tables, chairs, furniture, equipment, signage or other material on the ground, streets or sidewalks. No mobile vendor shall place any food, materials or equipment on the ground or on table, chairs or shelves that are not incorporated into the mobile vendor vehicle. These restrictions do not apply when the mobile vendor is on private property or public property which is closed for an event.
(H) Trash receptacles. A mobile vendor shall provide one or more trash receptacles readily accessible to its customers either in or attached to the mobile vendor vehicle. All accumulations of trash and litter shall be removed from the site by the mobile vendor before departing.
(I) All sales from sidewalk side. No mobile food vendor shall conduct any sales from outside the mobile vendor vehicle. All sales, activities and transfer of food and beverages to the customer shall occur only on the sidewalk side of the mobile vendor vehicle. No mobile vendor shall sell to any persons situated in a motor vehicle. The requirements of this division (I) do not apply to mobile vendors operating on private property or public property which is closed for an event.
(J) Generator noise. No mobile food vendor shall utilize a portable electric generator which creates noise in excess of 75 decibels, as certified by the manufacturer of the generator. A generator rated for more than 75 decibels may be used if mitigated, to the satisfaction of the city, resulting in a sound level of no more than 75 decibels.
(Prior Code, § 3-8-12) (Ord. 882, passed 3-7-2022) Penalty, see § 10.99